| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to authorizing petitions to change certain rules adopted |
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| 9 | 8 | | by groundwater conservation districts. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Subchapter D, Chapter 36, Water Code, is amended |
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| 12 | 11 | | by adding Section 36.1025 to read as follows: |
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| 13 | 12 | | Sec. 36.1025. PETITION TO CHANGE RULES. (a) A person with |
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| 14 | 13 | | groundwater ownership and rights may petition the district where |
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| 15 | 14 | | the property that gives rise to the ownership and rights is located |
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| 16 | 15 | | to adopt a rule or modify a rule adopted under this chapter. |
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| 17 | 16 | | (b) A petition submitted under this section must include: |
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| 18 | 17 | | (1) an explanation of why the adoption or modification |
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| 19 | 18 | | of the rule requested is necessary to be consistent with: |
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| 20 | 19 | | (A) ownership and rights recognized under |
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| 21 | 20 | | Section 36.002; or |
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| 22 | 21 | | (B) conservation or beneficial use of the |
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| 23 | 22 | | groundwater resources located in the district, in regard to either: |
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| 24 | 23 | | (i) the entire district; or |
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| 25 | 24 | | (ii) an aquifer, subdivision of an aquifer, |
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| 26 | 25 | | or geologic strata located in the district; and |
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| 27 | 26 | | (2) proof that the petitioner has complied with the |
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| 28 | 27 | | notice requirements described by Subsection (c). |
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| 29 | 28 | | (c) A petitioner under this section must provide written |
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| 30 | 29 | | notice of the petition to each person with groundwater ownership |
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| 31 | 30 | | and rights in the geographic area that would be affected by the |
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| 32 | 31 | | adoption or modification of the rule described in the petition. |
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| 33 | | - | (d) The district may consider the petition at a public |
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| 34 | | - | hearing or a regularly scheduled board meeting. The district must |
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| 35 | | - | grant or deny the petition not later than the 90th day after the |
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| 36 | | - | date the district received the petition. |
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| 37 | | - | (e) After a public hearing or at a board meeting held under |
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| 38 | | - | Subsection (d), the district shall grant or deny the petition and |
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| 39 | | - | may grant or deny the petition wholly or partly. The district shall |
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| 40 | | - | provide an explanation for the action the district takes on the |
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| 41 | | - | petition, including a determination about the consistency of the |
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| 42 | | - | action with the concerns raised by the petitioner's explanation |
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| 43 | | - | required by Subsection (b)(1). |
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| 32 | + | (d) The district shall hold a hearing on a petition |
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| 33 | + | submitted under this section in the same manner as a rulemaking |
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| 34 | + | hearing described by Section 36.101. |
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| 35 | + | (e) After a hearing held under Subsection (d), the district |
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| 36 | + | shall grant or deny the petition and may grant or deny the petition |
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| 37 | + | wholly or partly. The district shall provide an explanation for the |
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| 38 | + | action the district takes on the petition, including a |
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| 39 | + | determination about the consistency of the action with the concerns |
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| 40 | + | raised by the petitioner's explanation required by Subsection |
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| 41 | + | (b)(1). |
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